Power of local authority to require measures to be taken to prevent or limit air pollution.

26.—(1) Where it appears to a local authority that it is necessary so to do in order to prevent or to limit air pollution, the local authority may serve a notice under this section on the occupier of any premises from which there is an emission.

(2) In considering whether a notice should be served under this section, a local authority shall have regard to—

(a) any air quality management plan in relation to the area in which the premises are situate,

(b) any special control area order in operation in relation to the area in which the premises are situate,

(c) any relevant emission limit value,

(d) any relevant air quality standard,

(e) the availability of the means necessary for compliance with the notice, and

(f) the expense which would be incurred in complying with the notice.

(3) A notice pursuant to this section shall—

(a) specify the measures which appear to the local authority serving the notice to be necessary in order to prevent or to limit air pollution,

(b) direct the person on whom the notice is served to take such measures as may be specified in the notice to prevent or to limit air pollution, and

(c) specify a period (being not less than fourteen days commencing on the date of the service of the notice) within which such measures are to be taken.

(4) A notice under this section—

(a) may be served whether or not there has been a prosecution for an offence under this Act in relation to the emission concerned;

(b) shall not prejudice the initiation of a prosecution under this Act for an offence relating to the emission concerned.

(5) A person on whom a notice under this section has been served may, within such period as may be specified in the notice, make such representations in writing as he thinks fit to the local authority concerning the terms of the notice, and the local authority, having considered any such representations, may amend or revoke the notice.

(6) A person on whom a notice under this section has been served shall, within the period specified, comply with the requirements of the notice, or, as the case may be, the notice as amended.

(7) If a person on whom a notice under this section has been served does not, within the period specified in the notice or in the notice as amended, as the case may be, comply with the requirements of the notice, the local authority who served the notice may take such steps as they consider reasonable and necessary to secure compliance with the notice and may recover any expense thereby incurred from the person on whom the notice was served as a simple contract debt in any court of competent jurisdiction.